Form of Designated. Borrower Notice 3.01(e) Form of Non-Bank Certificate 5.01(a)(ix) Form of Perfection Certificate 5.01(a)(x) Form of Security Agreement 5.01(a)(xi) Form of Pledge Agreement 7.02(c) Form of Compliance Certificate 7.02(g) Form of Perfection Certificate Supplement 7.12 Form of Borrowing Base Report 11.06(b) Form of Assignment and Assumption This SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of September 29, 2017 among X.X. XXXXXXXXX & SONS COMPANY, a Delaware corporation (the “Company”), the Guarantors (defined herein) party hereto from time to time, the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer. The Company has requested that the Lenders provide $800,000,000 in credit facilities for the purposes set forth herein, and the Lenders are willing to do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
Form of Designated. Borrower Joinder Agreement Form of Designated Borrower Joinder Agreement
Form of Designated. Borrower Notice 3.01(e)-1-4 Forms of U.S. Tax Compliance Certificates 7.02(b) Form of Compliance Certificate 7.12 Form of Guarantor Joinder Agreement 9.03 Form of Secured Party Designation Notice 11.06(b) Form of Assignment and Assumption This SECOND AMENDED AND RESTATED SYNDICATED FACILITY AGREEMENT is entered into as of August 7, 2018 among Interface, Inc., a Georgia corporation (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.16 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and each a “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Domestic Swing Line Lender and L/C Issuer.
Form of Designated. Employee Offer Letter EXHIBIT 6.1(b)....................................................................Form of Access Agreement EXHIBIT 7.6........................................................
Form of Designated. Borrower Notice 3.01(e)-1-4 Forms of U.S. Tax Compliance Certificates 7.02(b) Form of Compliance Certificate 7.12 Form of Guarantor Joinder Agreement 9.03 Form of Secured Party Designation Notice 10.01 Form of 2009 Senior Notes Intercreditor Agreement 11.06(b) Form of Assignment and Assumption This SYNDICATED FACILITY AGREEMENT is entered into as of October 22, 2013 among Interface, Inc., a Georgia corporation (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.16 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and each a “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent, Domestic Swing Line Lender and L/C Issuer. The Borrowers have requested that the Lenders provide credit facilities for the purposes set forth herein, and the Lenders are willing to do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
Form of Designated. Borrower Notice
Form of Designated. Borrower Request and Assumption Agreement The parties hereto hereby request that the Designated Borrower be entitled to receive Revolving Loans under the Credit Agreement, and understand, acknowledge and agree that neither the Designated Borrower nor the Parent Borrower on its behalf shall have any right to request any Loans for its account unless and until the date five Business Days after the effective date designated by the Administrative Agent in a Designated Borrower Notice delivered to the Parent Borrower and the Lenders pursuant to Section 2.17 of the Credit Agreement. This Designated Borrower Request and Assumption Agreement shall constitute a Loan Document under the Credit Agreement. THIS DESIGNATED BORROWER REQUEST AND ASSUMPTION AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.
Form of Designated. Revolving Borrower Joinder Agreement Exhibit 2.1(b) Form of Solvency Certificate Exhibit 4.2(b) Form of Compliance Certificate Exhibit 9.9
Form of Designated. Entity Accession Agreement
1. Words and expressions defined in the Agreement have the same meaning in this Designated Entity Accession Agreement.
2. We refer to Clause 2.5 (Designated Entities) of the Agreement. This is a Designated Entity Accession Agreement.
3. The Appointing Lender designates the Designated Entity as its Facility Office for the purposes of participating in Loans to the Company in [currency].
4. [Name of Designated Entity] agrees to become a party to and to be bound by the terms of the Agreement as a Designated Entity.
5. For the purposes of Clause 34 (Notices) of the Agreement, the Designated Entity's address for notices is: [ ]
6. This Designated Entity Accession Agreement and any non-contractual obligations arising in connection with it are governed by English law. [Designated Entity] By: [Appointing Lender] By: Bank of America Europe DAC CIBOR Currency CURRENCY: Danish Krone.
Form of Designated. Borrower Notice 3.01(e) Form of Non-Bank Certificate 5.01(a)(iii) Form of Security Agreement 5.01(a)(iii)(D) Form of Perfection Certificate 5.01(a)(vi) Form of Closing Opinion 5.01(a)(vii) Form of Nevada Opinion 5.01(a)(viii) Form of Wisconsin Opinion 7.02(c) Form of Compliance Certificate 7.02(g) Form of Perfection Certificate Supplement 7.11A Form of Mortgage 11.06(b) Form of Assignment and Assumption This CREDIT AGREEMENT is entered into as of October 15, 2012 among X. X. XXXXXXXXX & SONS COMPANY, a Delaware corporation (the “Company”), the Guarantors (defined herein) party hereto from time to time, the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer. The Company has requested that the Lenders provide $1,150,000,000 in credit facilities for the purposes set forth herein, and the Lenders are willing to do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
